ORD 1650 - Laserfiche WebLink

available under California Law. Each par~ in its sole and absolute discretion shall have the right to waive any default by any other party as not materini. 13. Amendment or Termination. 13.1 A~reement to Amend Or Terminate. County, City {as to that portion of the Subject Propemy ar~nexed to it) and Parmers may, by mutual agreement of all parries, terminate or amend the terms of this Agreement or termination shall be accomplished in the manner provided under California law for the adoption of development agreements, except as provided in subsection 13.2 and 13.3 below. 13.2 PD 1837 and PD 1949. Upon wrinen request of Parmers, the County, and/or City (as to that portion of the Subject Property annexed to it) may amend or modify PD 1837 and PD 1949 (or any subsequent approvals which are incorporated in this Agreemen0 or Exhibits "B" , "E" or "F" , in compliance with procedural provisions of the rezoning or other land use ordinanct. s and regulations in effect on the date of application for such amendment or modification and State law applicable thefew, except as otherwise pwvided herein. Following annexation, no amendment to PD 1837 or PD 1949 that would decrease the total number of units by more than 15 %, change the nature of the pwject such that anticipated property taxes would be decreased, or decrease the amount of agricultural mitigation fees as required by PD 1837 and PD 1949, shall be made without the written consent of the County Planning Director or a renegotiation of the property tax exchange agreement which the County and City have heretofore reached as to the Pwject. The amendment or modification of PD 1837 and PD 1949 or other subsequent appwvals, with the consent of the Partners, auwmatically shall amend this Agreement without further written action by any party, and this Agreement shall remain in full force and effect except as amended by the amendment to PD 183'7 and PD 1949 or other approvals. This Agreement shall incorporate all of the terms and conditions of such amended PD 1837 and PD 1949. 13.3 Subsea_uent Discre~onan/AVprovals- Each subsequent discretionary approv~,j af th,: ?foj~ct by the Counv/or City shall be deemed to be incorporated by reference herein and to amend this Agreement as provided herein, effective as of the date of such approval. 14. Mortgagee Protection: Certain Rights of Cure. 14.1 Mort~at~ee Protection. This Agreement shall be superior and senior to any lien placed upon the pwject or portion thereof after the date on which this Agreement is recorded, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against all persons and entities, including all deed of trust beneficiaries or mortgagees ("Mortgagee") who acquire title to the project or any portion